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Corporate Manslaughter and Corporate Homicide Bill

My Lords, yes it is. Clause 3(2) would exclude it only if what it was doing was done in the exercise of an exclusively public function, defined as, "““a function that falls within the prerogative of the Crown or is … exercisable only with authority conferred … by the exercise of that prerogative, or … by or under a statutory provision””." To be entirely accurate—it is important to be so—the exclusion is also in Clause 3(1), which relates to a, "““duty of care owed … in respect of a decision as to matters of public policy””." But the provision of goods or services, construction or maintenance operations or the carrying on of any other activity on a commercial basis—the keeping of plant or vehicles and so on—is not carried out in respect of a decision as to matters of public policy. So I believe—I am fortified by nods from the Box—that I am right in having answered the noble and learned Lord’s question in the way that I have.